Name suppression in employment cases is up for debate
The Employment Relations Authority routinely names those involved in the cases it hears, regardless of whether they win or lose. That could change if moves to hide identities are successful. Video first published July 2019.
David Burton is a principal of Mahony Horner Lawyers.
OPINION: The principle of open justice is a cornerstone of our judicial system. It has been described as “an almost priceless inheritance” and the origins of the principle may even pre-date the English monarchy.
This principle means that most parties who go to the Employment Relations Authority or court will have their names published for all to see. But has modern life changed so much that a principle once intended to ensure justice is now a significant barrier?
Parties going before the court are named to show whether people are being treated equally before the law. The courts have also said that public access to the court enhances the quality of testimony given.
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But the principle of open justice can also cause harm, especially in the employment jurisdiction.
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